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Consumer ADR

Consumer Alternative Dispute Resolution

An independent, fair and accessible way to resolve consumer complaints without going to court.

Overview

What is Consumer ADR?

Alternative Dispute Resolution (ADR) provides an independent way of resolving disputes between consumers and traders without the need for court proceedings.

ADR is intended to be quicker, less formal and more accessible than litigation. It enables disputes to be considered by an independent ADR Official who will assist the parties in seeking a fair resolution.

At ProMediate (UK) Limited, we provide independent Consumer ADR for participating traders in accordance with our published Scheme Rules.

Our commitments

Our Principles

Every complaint is handled in accordance with the following principles.

Independence

We act independently of both consumers and traders. Our role is to consider each complaint fairly and impartially.

Fairness

Both parties are given a reasonable opportunity to present their evidence and comment on the other party's case before any outcome is reached.

Transparency

Our procedures, timescales and Scheme Rules are published openly so that all parties understand how complaints are managed.

Accessibility

We aim to make our ADR service accessible to everyone. Reasonable adjustments will be made wherever appropriate to support consumers or traders with disabilities or additional needs.

Confidentiality

Information provided during the ADR process is handled confidentially, subject to our legal and regulatory obligations.

The process

How does ADR work?

Our ADR process normally involves the following stages.

  1. 1

    Complaint received.

  2. 2

    Eligibility and jurisdiction checks.

  3. 3

    Conflict of interest assessment.

  4. 4

    Confirmation that the trader's internal complaints process has been completed.

  5. 5

    Request for the trader's complaint file and evidence.

  6. 6

    Exchange of evidence between the parties.

  7. 7

    Consideration by an independent ADR Official.

  8. 8

    Mediation, conciliation or neutral evaluation where appropriate.

  9. 9

    Written outcome issued.

  10. 10

    Complaint concluded.

Typical timescale

Most complaints are completed within approximately 28 days of receiving a complete case file, although more complex matters may require additional time.

Approaches

Types of ADR We Use

Depending upon the nature of the dispute, ProMediate may use one or more of the following approaches.

Mediation

An independent mediator assists the parties in exploring whether a mutually acceptable settlement can be reached.

Conciliation

The ADR Official may actively assist the parties in identifying possible solutions and narrowing the issues in dispute.

Facilitated Negotiation

The ADR Official may assist communications between the parties with the aim of achieving an agreed resolution.

Neutral Evaluation

Where appropriate, the ADR Official may provide a non-binding evaluation of the issues in dispute and explain the strengths and weaknesses of each party's position.

Legal effect

Is ADR legally binding?

The legal effect of ADR depends upon the nature of the outcome.

Where the parties reach an agreed settlement, that agreement may become binding upon acceptance by the parties.

Where a recommendation or neutral evaluation is provided, consumers remain free to accept or reject the proposed outcome.

Participation in ADR does not remove a consumer's statutory rights or prevent either party from seeking legal advice or pursuing court proceedings where appropriate.

Eligibility

Who Can Use Our ADR Service?

Our Consumer ADR Scheme is available only for disputes that fall within the scope of the relevant participating trader's Scheme Rules.

Before referring a complaint to ProMediate you should normally:

  • Raise your complaint directly with the trader.
  • Allow the trader a reasonable opportunity to investigate.
  • Obtain the trader's Final Response (or allow the relevant response period to expire).
  • Refer the complaint within the applicable time limit.

Further eligibility requirements are set out within the relevant Scheme Rules.

Schemes

Current Participating Traders

ProMediate currently operates Consumer ADR schemes for:

Additional participating traders will be added as our schemes expand.

Benefits

Why Choose ADR?

ADR offers a number of advantages over court proceedings.

Independent and impartial process.
Free of charge for eligible consumers.
Less formal than litigation.
Faster than many court proceedings.
Flexible and proportionate.
Confidential.
Focused upon practical resolution.
Frequently asked questions

Common questions about Consumer ADR

Call to Action

Ready to begin?

If you have completed the trader's internal complaints procedure and believe your complaint falls within one of our ADR schemes, you can submit your complaint online.